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Kuala Lumpur: Datuk Seri Najib Razak criticised former attorney-general Tan Sri Tommy Thomas and the previous Pakatan Harapan (PH) government for sending a “stupid” letter to the lawyers representing the descendants of the defunct Sulu sultanate in 2019.

The former prime minister said the letter was used by lawyers in the UK last week to refute the current Malaysian Attorney-General’s affirmation that the identity of the heirs involved is in doubt.

Najib said he does not understand why the letter admitted that Malaysia regretted the cessation of payments, and offered to pay arrears from 2013 to 2019 amounting to RM48,300 to settle the case.

“I really don’t understand why he (Thomas) expressed ‘regret’. He regrets that ‘only’ ten members of our security personnel were killed, or what?” Najib asked in a Facebook post.

He was referring to the violent incursion by Sulu militiamen from southern Philippines in Lahad Datu on the east coast of Sabah in 2013. Ten Malaysian security force personnel and six civilians were killed by the intruders during this crisis.

His post came after the Foreign Ministry and Attorney-General’s Chamber (AGC) said the Malaysian government does not recognise the RM63 billion claim made by the descendants.

On March 2, both the Ministry and AGC said that Malaysia did not participate in the purported arbitration proceedings, adding Malaysia has always upheld and has never wavered in its sovereign immunity.

Spanish news website La Información recently reported that Spanish arbitrator Gonzalo Stampa had issued an award of RM62.59 billion in an arbitration court to the Sulu claimants.

The order to pay the claimants was due to the so-called violation of the 1878 agreement signed between Sultan Jamal Al Alam, Baron de Overbeck, and the British North Borneo Company’s Alfred Dent.

Malaysia stopped paying the Sulu heirs their RM5,300 cession money in 2013, following the Lahad Datu attack.

Najib claimed that if the government fails to pay the billions awarded in the case, the government may have to surrender Sabah to the heirs.

He also directed several questions to former prime ministers Tun Dr Mahathir Mohamad and Tan Sri Muhyiddin Yassin, as well as former finance minister Lim Guan Eng, all of whom were in government during Thomas’ tenure as attorney-general. Muhyiddin was the home minister at that time. “Was this unusually stupid letter approved by the cabinet of the time, or was it just a letter from Tommy as the attorney-general?” Najib asked

“And why do Sulu descendants have to wait from 2013 until the government changes hands in 2018 before commencing a suit against the country?”

Najib also slammed the PH government for losing its territorial claim over Pulau Batu Puteh “without explanation”.

“Do not lose Sabah’s sovereignty or the country will have to pay RM63 billion in compensation due to your weakness and stupidity as well.” Facebook post, Najib asked: “Did Tommy and the PH government think that the Sulu descendants would stop pursuing their case after being paid only RM48,300 in compensation?”

He said that apart from the PH government not sending a representative to the Spanish court, Thomas’s letter may be used as evidence and the main reason for the lawyers of the Sulu descendants to win their case.

 “The letter may be construed as an acknowledgment that the country has been ‘wrong’ and ‘regrets’ its action,” said Najib.